Extradition Lawyer in Pau: Cour d'appel de Pau and the Local Procedure

Which court handles an extradition case in Pau?

“Spanish border” is a geographic description, not a separate jurisdiction. Under CPP Articles 696-9 and 696-10, the arrest location helps identify the competent procureur général and court. For an ordinary case in this district, the hearing is before the Pau chambre de l'instruction. Article 696-24-1 gives Paris concurrent competence for certain terrorism-related requests, so verify the arrest record and legal basis.

The official Code of Judicial Organization places the tribunaux judiciaires of Pau, Bayonne, Dax, Mont-de-Marsan and Tarbes within the Cour d'appel de Pau's appellate district. An arrest in Bayonne or Tarbes does not by itself transfer the extradition case to Bordeaux or Toulouse; the arrest record and the statutory territorial rules still need to be checked.

For family visits, the Ministry of Justice's general guidance says that a permit for a person held as a pre-trial detainee (prévenu) is requested from the judge handling the case, while a finally convicted detainee applies to the prison governor. Extradition custody is a distinct status, so confirm with the prison or the Pau court which authority must issue the permit in this specific case before travelling. Its published general hours are 13:45–16:30 for men and 09:45–10:45 on Mondays, Wednesdays and Fridays for women, minors and the listed protected units. Telephone booking is listed for Tuesdays and Thursdays, 08:30–10:30. Lawyer visiting hours are Monday–Friday, 08:00–11:30 and 14:00–17:30, and Saturday, 08:00–11:30. The Ministry directory lists +33 5 59 02 38 54 for contact. These are published general hours, not confirmation of a particular detainee’s eligibility or booking; confirm before travelling.

What should happen in the first 72 hours?

Article 696-10's 48-hour rule applies to a person apprehended following an extradition request. CPP Articles 63-1 to 63-7 apply during that period. After checking identity, the procureur général must explain the request in a language the person understands, inform them of the right to chosen or appointed counsel, and explain separately consent to extradition and waiver of the speciality rule. Counsel may consult the file immediately and communicate freely with the person; the record should show that the rights were explained.

Provisional arrest before formal extradition documents arrive is a distinct stage. Do not merge its deadline with the 48-hour presentation rule. Under Article 696-24, release is required if the French Government does not receive a document specified in Article 696-8 within 30 days from an arrest made at the requesting state's request. If documents arrive later, the procedure may resume; check the treaty applicable to the requesting state. For that separate route, see the provisional-arrest guide.

As of 25 October 2026, the ordinary-extradition provisions cited here remain in force, but the official consolidated Code marks them for repeal from 1 January 2029 under Ordinance No. 2025-1091. If the case or a later stage falls on or after that date, counsel should re-check the replacement provisions rather than assume these article numbers still apply.

How quickly will the chambre de l'instruction hear the case?

The timetable depends on the declaration made to the procureur général. Each clock has its own trigger; a relative learning of the arrest does not start or reset it.

The one-month opinion period is separate from the 15- or 20-day release-request period. Record each trigger and receipt date. If counsel is unavailable or important material arrives late, raise the issue promptly and ask counsel to have the request and the chamber's response recorded.

Where will the person be held, and can they ask for release?

After the formal request is notified, if the procureur général does not leave the person at liberty, Article 696-11 requires presentation to the first president of the court of appeal or a designated judge. That judge may order écrou extraditionnel (custody for extradition) at the remand prison at the court-of-appeal seat. For a Pau case, check the Maison d'arrêt de Pau; do not assume placement near the arrest site.

Custody is not automatic. If the person's appearance at each procedural stage is sufficiently guaranteed, the first president or a designated judge may impose judicial control or house arrest with electronic monitoring instead. A challenge to that initial alternative measure must be decided by the chambre de l'instruction within five days. Ask counsel to obtain the written record and check the conditions actually imposed against Article 696-11 and the provisions it cross-refers to. A release application under Article 696-19 is separate and has its own decision deadline, explained below.

Article 696-19 allows a release application at any time. The chambre de l'instruction must decide within 20 days after the court receives it, or within 15 days if the application was filed within 48 hours after placement in extradition custody. The statute does not say that missing this decision deadline automatically ends custody. The Cour de cassation's decision of 5 October 2016, no. 16-84.681, assessed extradition detention in light of the diligence shown by the authorities and the chronology of the case; it did not establish an automatic-release rule based on the 15- or 20-day period. If a deadline appears to have passed, counsel should verify the court-receipt date and urgently assess the procedural consequences. Do not rely on automatic release. The application must follow Articles 148-6 and 148-7. Evidence of a stable address, identity, work or family ties, medical needs and a realistic plan to attend hearings may help the court assess representation.

Which decisions belong to Pau, and which do not?

The chambre de l'instruction of the Cour d'appel de Pau issues a reasoned judicial opinion on the extradition request; it does not decide guilt in the requesting country. A final negative opinion prevents extradition under the ordinary route. A favourable opinion and the later executive decree are separate decisions. A challenge to the decree belongs before the Conseil d'État, not the Pau criminal chamber. Article 696-18 sets a one-month period from notification; under Conseil d'État no. 439436 (31 December 2020), that period is enforceable only if the notice states the available remedies and deadlines. A timely challenge prevents execution of the decree until the Conseil d'État rules. Have counsel check the actual notice immediately. Detailed refusal grounds and remedies belong in the France remedies guide, while the national procedural sequence belongs in the France country guide.

What should the family or foreign lawyer prepare now?

• Record the arrest date, time and place, police service, stated legal basis, language used and presentation time before the procureur général.
• Collect the provisional-arrest request, formal request if served, warrant or judgment, rights notice, custody decision, hearing notice and written release conditions.
• Give counsel identity and nationality documents, a reliable French address, evidence of work and family ties, relevant medical records and a realistic attendance plan.
• Identify the document before calculating any deadline: a formal extradition request, a provisional-arrest request pending documents, an INTERPOL Red Notice, or a European Arrest Warrant. INTERPOL says a Red Notice is an alert and request for cooperation, not an international arrest warrant; French authorities decide what action national law permits. If the document is a European Arrest Warrant, use the separate European Arrest Warrant procedure guide rather than assuming ordinary-extradition deadlines apply.
• If custody is ordered, confirm placement before travel or a visit. The Ministry of Justice lists the Maison d'arrêt de Pau at 14 bis rue Viard, 64000 Pau; check visit permissions directly.
• Keep proof of filing and court receipt. For release, the clock runs from receipt; for the five- or ten-working-day appearance deadline, it runs from presentation to the procureur général.

Hypothetical example: a traveller is arrested at Pau-Pyrénées Airport after a formal extradition request from a non-EU state. The family should record the time and legal basis, confirm presentation within 48 hours, arrange counsel and an interpreter if needed, and obtain the custody decision. If custody is ordered, Article 696-11 points to the Maison d'arrêt de Pau. If the arrest was only provisional before formal documents arrived, counsel must separately track Article 696-24's 30-day document rule.

If you need advice about a specific case, contact the team through the consultation request page.